Tag Archives: Sotheby’s

UPDATED: The Met Returns Two Khmer Statues to Cambodia, Citing Clear Evidence Of Looting

DP212330-1UPDATE: The New York Times reported May 15 that Cambodia is also planning to ask for the return of a statue of Hanuman at the Cleveland Museum of Art. This is in addition to the Norton Simon Bhima and the Denver Rama we’ve written about previously, which Cambodian officials also want returned. All are said to have been taken from the same temple complex at Koh Ker. Neither Cleveland nor Denver would disclose the origins or collecting histories of the contested statues.

The Metropolitan Museum of Art has agreed to return two ancient Khmer statues to Cambodia after reviewing clear evidence that they were looted. Here’s Jason’s story in Friday’s LA Times:

The Metropolitan Museum of Art has agreed to return two ancient statues to Cambodia after receiving convincing evidence they had been looted and smuggled out of the country illegally.

The 10th century Khmer statues, known as the Kneeling Attendants, have flanked the entrance to the Met’s South East Asian galleries for years and are among the museum’s most prized objects from the region.

They were acquired in fragments between 1987 and 1992 as donations primarily from Douglas Latchford, a British collector based in Bangkok who is at the center of a federal investigation of antiquities looted from the ancient temple complex of Koh Ker.

Cambodian officials announced last June that they would seek the return of the statues. At the time, Met officials said they had no information to indicate the statues were stolen.

On Friday, the Met would not release details on what information led it to decide to return the statues, but noted recent press reports and information provided by UNESCO officials, who have been investigating looting in Cambodia.

“All I can say is that sufficient evidence came to light,” said museum spokesman Harold Holzer. “It was dispositive and more than satisfied the director.”

The returns suggest Cambodia has found substantial evidence to support its claim that several American museums possess looted antiquities that were illegally exported by Bangkok-based dealer Douglas Latchford. Latchford has denied the claim.

We’ve previously identified several other museums that acquired Khmer antiquities from Latchford: The Norton Simon Museum, the Kimbell Museum, the Denver Art Museum and the Berlin Museums. The Met continues to possess several other antiquities tied to Latchford that will not be returned in the deal announced Friday.

The Met’s returns will also have an impact on the on-going lawsuit in which the US government is seeking the return of a Khmer warrior statue at Sotheby’s. See here for our complete coverage of the case , including court documents that detail the government’s evidence.

UPDATED: Latchford’s Footprints in Berlin: A Khmer Ganesh and other loans to the Asian Art Museum

800px-MuseumFurAsiatischeKunst

Recently, someone suggested we look into the ties between Douglas Latchford and the Berlin Asian Art Museum, where he is said to have enjoyed a “special arrangement” for several years.

latchford.jpbAs you’ll recall, Latchford is the Bangkok-based British collector who was the source of the looted 10th Century Khmer statues now held by Sotheby’s and the Norton Simon museum. The Sotheby’s statue is the subject of a federal seizure lawsuit brought by the U.S. government on behalf of Cambodia, which claims the statue was illegally removed from the country in the 1970s. The government alleges that Latchford, identified in court records as “the Collector,” knew the statue had been looted from Koh Ker and conspired with Spink and Son auction house to fraudulently obtain export licenses for the statue in 1975. Latchford has denied the allegations.

We’ve previously tracked Khmer art tied to Latchford to the Metropolitan Museum of Art, the Kimbell Art Museum, the Norton Simon Museum and the Denver Art Museum, where his partner Emmy Bunker is a research consultant. In March, a federal judge in New York found sufficient evidence for the US government to proceed with its forfeiture case against the Sotheby’s statue.

Latchford’s ties to the Berlin museum have not previously been reported, and the museum initially declined to answer questions about the loans. Only when we inquired about a specific piece — a statue of Ganesh from Koh Ker — did the museum provide a partial response. “The Museum of Indian Art (today part of the Asian Art Museum) in Berlin borrowed four objects from Mr. Latchford for certain projects between 2000 and 2006,” said spokeswoman Birgit Jöbstl. “It has not purchased any objects from Mr. Latchford. The loans were taken for curatorial reasons, to complete the narrative of the museum.”

One of those four objects was the sandstone Ganesh from Koh Ker.

UPDATE 5/16: The Berlin Museum has yet to respond to our request of April 8 for information about the other three objects loaned by Latchford. German TV producer Wolfgang Luck has had…ehem…better luck. Here is the response he received from the museum almost immediately (translated from German):

Two objects (a pre-Khmer Buddha, No. 259 in the catalog „Magische Götterwelten (Magic Worlds of Gods) and a female Khmer-figurine, No. 260 in the catalog „Magische Götterwelten”) had been lent on occasion of the museum’s opening in the year 2000. The objects were important pieces of the museum’s permanent exhibition. The contract on the lending of the objects expired in December 2004. The Buddha was given back. As a “replacement” Mr. Latchford lent the above mentioned Ganesha-figurine to the museum. The contract on the lending of the female Khmer-figurine was prolonged until the end of 2005, thereafter it was given back as well. The fourth object, a Vishnu, arrived at the museum at the beginning of 2006 and was on display there until its return to Mr. Latchford in February 2007.”

Museum spokeswoman Birgit Jöbstl took issue with our characterization of the loans as evidence of a special relationship, telling Luck, “Within the described contracts on lending there were no extraordinary agreements.” However, she goes on to acknowledge the museum did not follow its own due diligence standards when accepting the statues, which have no documented ownership history:

With regard to the examination of the objects’ provenance we must unfortunately assume that no other documents were obtained from Mr. Latchford than his personal confirmation and the information published in Bunker/Latchford: Adoration and Glory: The Golden Age of Khmer Art (2004). According to the UNESCO Convention of 1970 the Prussian Cultural Heritage Foundation does not acquire objects, the lawful provenance or importation of which is doubtful. For several years now the Prussian Cultural Heritage Foundation has been maintaining this attitude also towards items of loan. Unfortunately this standard was not yet maintained with the above mentioned objects lent to the museum by Mr. Latchford.

We also note that the authors of the above-cited publication, “Magische Götterwelten,” were several Berlin Museum officials, including Marianne Yaldiz. Look for Wolfgang Luck’s 1 hour documentary on the case sometime next year on the German-French station ARTE.

Now, back to the Koh Ker Ganesh…

Screen Shot 2013-04-29 at 10.50.34 PMThe statue representing the elephantine Hindu deity, worshiped even today as the Remover of Obstacles and Lord of Beginnings, arrived at the Berlin museum in December 2004 and was given prominent display at the museum’s entrance. It was described as being on loan from “an American private collection,” but in fact it had come from Latchford. Soon after it arrived, the piece was published in the museum’s journal Indo-Asiatische Zeitschrift GIAK. Its only previous publication had been in Latchford and Bunker’s 2004 catalog “Adoration and Glory: The Golden Age of Khmer Art” (pp. 168-70.)

The GIAK Indo-Asiatische Zeitschrift article pointed to the striking similarities between the statue and a Ganesh photographed during the 1939 Parmentier expedition to Koh Ker. It had since disappeared, presumably looted. ”This work represents an exact counterpart of the present image both in terms of shape and size,” the article noted. ”Even in minute details, both figures seem to be quite similar. However, they wear different types of necklaces, and carved nipples are absent on the Berlin Ganesha…Both the figures are probably products of the same workshop, and both of them may have served as cult images.”

Some scholars had already pointed out the similarities with some suspicion. Betrand Porte suggested in an article in Arts Asiatiques (59, 2004) that the Berlin Ganesh may be the same one shown in the Parmentier photos, with a few details carefully altered to disguise its looted origins. Jean Baptiste and Thierry Zéphir suggested in the same publication that the question could be cleared up with a close scientific analysis. But when a museum consultant suggested testing the statue, the museum’s director Marianne Yaldiz reportedly grew upset. Latchford and Bunker provided a report of a visual examination conducted by Pieter Meyers — the same Los Angeles expert used when doubts arose in Sotheby’s investigation — that concluded the Berlin statue had not been altered. Soon after, the consultant left the museum.

The consultant would not comment and Yaldiz, who retired in 2006, could not be reached. The scientific analysis was never conducted. The Ganesh was removed from display in December 2006, and its whereabouts are currently not known.

In a statement, the museum spokeswoman said, “For all loans, the museum observed due diligence according to the Berlin museums’ general practice, and there was at that time no reason to question the integrity of the lender…The Asian Art Museum, like all other collections of the Staatliche Museen zu Berlin – Preussischer Kulturbesitz, observes due diligence before borrowing or buying objects. It thereby works according to the standards set by the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property of 1970.”

Given that commitment to UNESCO principals, we have asked the Berlin museum to provide details about its due diligence for the Latchford loans. What documented ownership history was provided with the loans? What assured the museum that the objects were not the product of modern looting? Where are they today? Why was the Ganesh described as coming from an American collection, when it fact it came from Latchford? And what purpose did the “special arrangement” with Latchford serve, aside from boosting the value of the objects for later sale?

The museum has so far declined to answer those questions. We’ll post a response when we receive it.

BREAKING: Judge rules in favor of Cambodia, Denies Sotheby’s Motion to Dismiss Claim to Khmer Statue

A New York judge has denied Sotheby’s motion to dismiss Cambodia’s claim — brought on its behalf by the US government — that a 10th century Khmer statue was looted and should be returned.

Koh Ker wrestler

District court judge George B. Daniels ruled on Thursday that the government has “sufficiently pled facts regarding Sotheby’s knowledge that the Statue was stolen at the time of import into the United States.” He also found the government had presented sufficient evidence that Douglas Latchford, the British collector who initially sold the statue, “knew the statue had been looted from Koh Ker.”

The ruling, which dismissed several of Sotheby’s key arguments, is not a final ruling but allows the case to proceed. You can find our complete coverage of the case, including past legal filings, here.

Here is Daniels’ 18-page ruling:

Red Flags in Paris: Half of Sotheby’s Barbier-Mueller Pre-Colombian Sale Lacks Provenance

This week we have a guest post from M. Frechette, an astute college senior majoring in art history with an interest in international cultural property law and art markets. During her travels in Latin America, Frechette grew frustrated with the lack of native archeological material in national museums compared to the artifacts circulating on the North American and European markets. Lately, she’s been helping us dig into this week’s auction of a major private collection of Pre-Colombian antiquities in Paris. Here’s what she found:

Museums and private collectors across the globe are buzzing with excitement over the March 22nd auction at Sotheby’s Paris of the Barbier-Mueller Collection of Pre-Columbian Art.  But they should be concerned that almost half (119 out of 246) of the artifacts from present-day Latin America have no stated provenance before 1970.

Peru has announced it is seeking the return of 67 objects in the collection that it claims were illegally exported from the country, which has required government permission for the export of archaeological material since 1822. Judging from our analysis of the collection, it is likely the first of several claims.

UPDATE: The government of Guatemala has made a claim for 13 objects in the collection. ”You cannot allow private collectors to unlawfully enrich themselves at the expense of the Americas’ pre-Hispanic cultural heritage,” the culture ministry said in a statement

UPDATE 3/21: Mexico has called on Sotheby’s to halt the auction, citing 51 objects in the collection as Mexico’s property. The government has also said that 79 of the 130 objects of Mexican origin being offered for sale are “handicrafts,” i.e. modern fakes. Sotheby’s insists it will go forward with the auction, saying it “thoroughly researched the provenance of this collection and we are confident in offering these works for auction.” The auction house acknowledged it has “had dialogue with several nations and given careful consideration to their concerns about this sale, and we continue to welcome discussion regarding any new information on specific issues.”

UPDATE 3/21: Costa Rica has also claimed objects in the auction, the New York Times reports

UPDATE 3/22: Nord Wennerstrom calls the results of Day 1 sales “a train wreck” for Sotheby’s: 87 of the 172 lots failed to sell amid claims from Latin American countries and indications that several lots are modern fakes. Others suggest the asking prices were overly optimistic. 

SWITZERLAND-COLLECTION-BARBIER-MUELLER

The Barbier-Mueller Collection was built over a century, but major additions to it were made after 1992. According to the official Sotheby’s publicity, the works were gathered primarily for aesthetic purposes, though Sotheby’s emphasizes, “many possess historic provenance.” In an interview earlier this month, Jean Paul Barbier-Mueller described being inspired to add to the collection of his father-in-law, Josef Mueller, while mounting an exhibition to commemorate the Columbus quincentenary in 1992. “I became really caught up in the project, and started visiting specialist dealers to complete the collection,” Barbier-Mueller recalled. “Provenance was always a concern.”

Looking at some samples from the collection, one can see why.

Maya polychrome vessels: Lts 41,121, 122, 214-219, 222 & 223. Estimate: between 18,000 and 40,000 Euros each 

641PF1340_6JSRW_1_GREY.jpg.thumb.385.385Of the 11 painted Maya vessels from Guatemala and Mexico, nine have no listed provenance before 1986.

The market for Maya polychrome vessels developed around 1970 as looting of ancient Maya burial sites became more sophisticated and widespread. The growth of trafficking networks in Mexico and Central America prompted Guatemala’s 1966 Decree No. 425 – Law on the Protection and Conservation of Monuments and Mexico’s 1972 Federal Law on Archaeological, Artistic and Historic Monuments and Zones, which clarified claims of national ownership on all archeological material.

261PF1340_6JSRP_2_GREY.jpg.thumb.385.385Six of the Mayan vessels passed through Merrin Gallery between 1986 and 1990. The Merrin Gallery was also the source of a bronze statue of Zeus that was returned to Italy in 2010. The stated provenance claimed Edward H. Merrin had purchased it from a Swiss collection in the 1960s; in fact, it had been stolen from the Museo Nazionale Romano in 1980The Merrin Gallery also appears frequently in the business records of Sicilian antiquities dealer Gianfranco Becchina, who has been charged with trafficking in looted Classical antiquities. In dealing with Pre-Colombian material, his first passion, Merrin “certainly handled masterpieces that should never have been removed from their original sites,” Ian Graham, a Mayan expert and director at the Harvard Peabody Museum, told the New York Times in 1989, the same year the Mayan vessels began passing through the gallery. Merrin’s response: ”Look, I have four children, I have a position in society, I am active in a number of charities – I’m simply not interested in anything illegal.” In 2005, Ed and Samuel Merrin were both charged with conducting a 10-year scheme to defraud their customers who collected Pre-Colombian art.

Ulúa Marble Vase: Lot 34. Estimate: 40,000 – 50,000 Euros

103PF1340_6JSRZ_1_White.jpg.thumb.385.385Scholarship has explicitly linked the market demand for Ulúa marble vases, such as Lot 34 for sale in the upcoming auction, to the growth of illegal looting networks and pillaging in Travasiá, Honduras. Anthropologists Christina Luke and John Henderson have investigated the direct and detrimental affects museum and private purchases have on this ancient Mayan center, and the connection is unmistakably apparent: “Looting at Travesía for marble vases increased dramatically during the period when more and more marble vases appeared in galleries and when they were stolen from well-known collections.”  (See Luke, Christina and John Henderson The Plunder of the Ulúa Valley, Honduras, and a Market Analysis for Its Antiquities)

Despite the 1997 Honduran Decree 220-97 that retroactively claimed “the state was the official owner of all cultural patrimony” (Luke and Henderson, 149) the market demand continues to fuel the destruction of a rich cultural site — and production of modern forgeries. Lot 34, with no listed provenance before 2004 and estimated to sell for between 40,000 and 50,000 Euros, may well be a contemporary example of how rising prices are promoting both the devastation and falsification of ancient Mayan cultural knowledge.

Red Lists Raise Red Flags

urlLatin America has not been in the spotlight for cultural heritage claims to the same degree as Italy or Greece in recent years, but the illicit trade of pre-Columbian objects is a serious and continuing problem for countries such as Mexico, Costa Rica, Guatemala, Honduras, Brazil and Peru. Along with UNESCO’s international effort to increase protection of cultural heritage, Latin American countries passed a flurry of national legislation in the 1970s to establish legal ownership of cultural property.

More recently, the International Council of Museums has published several Red Lists of Endangered Cultural Objects. Compiled by an international group of cultural heritage professionals to combat the illicit trade and rampant looting of national artifacts, “all the categories of objects in the Red List are protected by legislation and banned from export, and may under no circumstances be imported or put on sale.”  ICOM could not be more explicit: “The Red List is an appeal to museums, auction houses, art dealers and collectors not to acquire these objects.”

A glance though the Barbier-Mueller catalogue shows quite a bit of overlap with the Red Lists — from Nayarit and Olmec figures to Gran Nicoya stone grindstones, many of the categories of objects on sale in Paris on March 22nd are internationally recognized as the product of rampant looting.

As with all ancient burial objects, the polychrome vessels and Ulúa marble vases are “essential to the understanding of the Maya belief system, mythology, and ideology.” (ICOM Red List: Latin America, p.8)  Yet as these invaluable pieces are illegally looted they become untraceable to their original locations and all context is lost.  Without context, our understanding of one of the most advanced cultures of ancient Mesoamerica is irreparably crippled.

Frechette graduates in May and will soon be looking for gainful employment. Send any leads to us at ChasingAphrodite@gmail.com and we’ll pass them along.

UPDATE: See Donna Yates’ excellent analysis of the Barbier-Mueller collection here and here.

Chasing Aphrodite 2012: The Year in Review

Cover

Happy New Year from Chasing Aphrodite.

It’s been a year and a half since our book was published, and during that time the hunt for looted antiquities at the world’s museums has gone global. Over the past 12 months we’ve revealed new information about objects looted from Turkey, Cambodia, India, Latin America, Italy and beyond. Visitors from 150 different countries came to read our weekly posts. (Those interested in a daily feed of relevant links and commentary should like us on Facebook or follow us on Twitter.) Our focus here is on scoops, and over the past year we broke several significant stories about the illicit trade, some of which led to the return of looted antiquities to the countries from which they were stolen.

Here are some highlights:

Dr. Arnold Peter Weiss

Dr. Arnold Peter Weiss

The year started with a bang in January with the arrest Arnold Peter Weiss, a prominent Rhode Island surgeon and collector of ancient coins who was arrested at the Waldorf-Astoria Hotel in New York City for felony possession of allegedly ancient coins that had been recently looted from Sicily. Our scoop a few days later revealed that Weiss had told a confidential informant that he knew he was dealing in looted coins:  “There’s no paperwork, I know this is a fresh coin, this was dug up a few years ago,” he said, according to the criminal complaint. We later traced Weiss’ donations to RISD and Harvard University Art Museums; revealed his business partner’s connection to the Getty; exposed the role of federal investigators in the case; and covered his guilty plea to selling what turned out to be clever fakes.

Princeton antiquities curator Michael PadgettAlmagia Returns: In January we also wrote about American museums returning a new wave of looted antiquities to Italy after the objects were tied to the criminal investigation of Italian antiquities dealer Edoardo Almagia. The Met returned more than 40 vase fragments from the private collection of its former antiquities curator Dietrich von Bothmer. The Princeton Museum returned 160 objects and fragments, and stonewalled questions from the press about those returns. (The museum’s curator Michael Padgett, above, has been named as a target of the investigation.) In February we began tracking objects museums had acquired from Almagia and found several at the Dallas Museum of Art. We also traced Almagia objects to the Boston MFA, the San Antonio Museum of Art, the Indiana University Art Museum and the Getty Museum. David Gill identified one additional Almagia object at the Tampa Museum. The Dallas Museum announced in December that five of the objects we had questioned would been returned to Italy.

Orpheus Mosaic

Orpheus Mosaic

Turkey’s claims: In March, we broke the news that Turkey was seeking the return of dozens of allegedly looted antiquities from American museums. We also listed the specific objects being sought at those museums, including: 10 objects at the J. Paul Getty Museum; 18 objects from the Schimmel Collection at the Metropolitan Museum of Art; 21 objects at the Cleveland Musuem of Art; and the Sion Treasure at Harvard’s Dumbarton Oaks. Since then, the Dallas Museum of Art has already agreed to return a looted mosaic to Turkey, and Bowling Green State University has signalled its intention to do the same. Negotiations with the other institutions are on-going, and we expect to have an update soon.

Koh Ker wrestlerCambodia vs. Sotheby’s — The Battle for Koh Ker. In April, we began following the legal battle between the US government and Sotheby’s over a 10th century Khmer statue allegedly looted from a temple complex deep in the Cambodian jungle. Government prosecutors, suing on behalf of Cambodia, alleged that Sotheby’s knew the statue was looted and and withheld the information from potential buyers, as well as government investigators. The auction house has denied those claims. Damning internal emails, however, revealed Sotheby’s knowledge about the statue’s suspect origins and the likely controversy its sale would cause. Also named in the case is a companion statue now at the Norton Simon Museum in Pasadena, whose feet remain in situ in Cambodia. The man at the center of the case is Douglas Latchford, a British collector/dealer based in Bangkok whose name has been linked with sever pieces of suspect Khmer antiquities. In recent months we’ve traced Latchford’s objects to the Denver Museum of Art, the Kimbell Museum and the Met. The outcome of the case could prove an important precedent for legal claims against looted antiquities in the United States.

James-CunoJim Cuno’s shakeup at the Getty: In May, the board of the J. Paul Getty Trust hired James Cuno to lead the organization. It was an odd choice — The Getty was still recovering from a devastating international scandal over its acquisition of looted antiquities, and had enacted a new acquisition policy that respected foreign ownership laws. Cuno had long been a vocal critic of those laws and advocate for the type of unfettered collecting that had gotten the Getty into trouble. One of Cuno’s first moves was the elimination of 34 positions at the Getty Museum, including two respected veterans and 12 professional gallery teachers who were replaced by volunteer docents. We broke the news, published Cuno’s memo to staff and covered the fallout. We also wrote about his decision to hire Timothy Potts, another advocate of unfettered collecting, and raised questions about Pott’s acquisition of a 5th century BC Greek cup at his previous post, the Kimbell Art Museum. In response to our questions, the Kimbell announced they would post the vase on the AAMD’s registry of ancient objects with unclear ownership histories. They never did.

PS1_TL.2009.20The Bourne Collection: Also in May, we featured a guest post by Roger Atwood on the Walter’s newly acquired collection of unprovenanced Pre-Colombian Art. Atwood described the “long and checkered history” of the Borne collection, which is sprinkled with fakes and at least one piece suspected of having been looted from Sipan, Peru.

subhash kapoorSubhash Kapoor Case: In July we began writing about the investigation of Subhash Kapoor, the New York based antiquities dealer specializing in Indian antiquities and temple idols. After federal agents raided his New York warehouse, we  identified more than 240 objects acquired from him in museums around the world. In December, federal investigators announced they had seized some $150 million in antiquities from him and consider Kapoor “one of the most prolific commodities smuggler in the world.” The case is on-going.

This Polaroid seized from the warehouse of dealer Giacomo Medici shows the Getty Museum's Statue of Apollo shortly after it was looted from a tomb in Southern Italy.

This Polaroid seized from the warehouse of dealer Giacomo Medici shows the Getty Museum’s Statue of Apollo shortly after it was looted from a tomb in Southern Italy.

WikiLoot: Finally, this year we announced our plans to crowd-source the study of the black market in looted antiquities. We’re still in the development phase of the project — raising money, building partnerships and considering the structure of the site. But WikiLoot, as we’re calling the project for now, has already attracted substantial interest and media attention from the Guardian, the Economist, CNN, the Australian Broadcasting Corp. and others. This spring we’ll be developing a prototype of the site and reaching out to more potential partners. Stay tuned for updates.

Thanks for reading. Our best wishes for 2013, and we hope you will join the hunt!

Latchford’s Footprints: Suspect Khmer Art at the Kimbell and the Met

We’re continuing to trace suspect Cambodian antiquities linked to Douglas Latchford, the man at the center of the on-going federal looting probe that we’ve detailed in previous posts here. Last week we wrote about suspect Khmer antiquities at the Denver Art Museum. Here are our latest finds:

The Kimbell Art Museum

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In 1988, the Kimbell Art Museum purchased an important 7th century Khmer sculpture from Latchford.

At the time of purchase, the statue had no documented ownership history. The only record the Kimbell obtained about its origins was a signed guarantee from Latchford claiming the statue had been in his possession in Thailand since 1968 and had legally been shipped to the UK in 1987, a museum spokeswoman said.

Latchford has made similar claims about contested Khmer statues at Sotheby’s and the Norton Simon Museum that are now the focus on a federal lawsuit. Federal investigators have alleged in court filings that Latchford purchased those statues after they were looted in the early 1970s and smuggled to Thailand, a claim Latchford denies. (See our previous coverage of the case here.)

The statue represents Harihara, a Hindu deity that combined the destructive force of Shiva and the creative power of Vishnu. The statue’s style suggests the piece came from the pre-Angkor ruins of Prasat Andet, in central Cambodia. The Kimbell has no evidence of legal export from Cambodian, a museum spokeswoman confirmed.

Cult Statue of a Goddess (Aphrodite)Acquiring an object based exclusively on a dealer’s warranty — rather than an actual documented ownership history that proves it was not looted — was a common tactic in the 1980s, particularly for pieces that were likely looted. As we described in Chasing Aphrodite, the J. Paul Getty Museum passed a new acquisition policy for antiquities in 1987 that called for a dealer warranty in place of an inquiry into an object’s origins. The practice allowed the Getty to continue acquiring objects it knew or suspected had been looted – including an $18 million statue of Aphrodite – while providing a modicum of legal and public relations cover if the statue were later questioned. But the policy failed: The Getty returned the Aphrodite to Italy in 2010 after our investigation in the LA Times made clear the dealer warranty was a thin cover for the truth — the statue had been looted from an archaeological site in central Sicily.

Kimbell1The Kimbell believes the Harihara is the only object in its collection with ties to Latchford, but can’t be certain, a museum spokeswoman said. It is not the only suspect piece of ancient art to surface at the museum. In February, we wrote about the Kimbell’s 5th century BC Greek cup by the Douris painter. After we noted the cup’s ownership history had been traced to Elie Borowski, a dealer who has been linked to the illicit trade in Classical antiquities, the Kimbell announced it would publish the cup on a registry of objects maintained by the Association of Art Museum Directors. The cup was never listed in the registry — likely because it was acquired prior to 2008, when the directors group began requiring suspect antiquities to be posted. (This leaves the question: where should suspect antiquities acquired before 2008 be posted publicly to encourage further provenance research? Museums should be publishing the complete known provenance of all their antiquities, but don’t. We’ve proposed our own answer.)

The Metropolitan Museum of Art

met.hariharaWhile researching the Kimbell’s Harihara, we noticed that The Metropolitan Museum of Art purchased a similar Harihara, also linked to Prasat Andet, in 1977. We’ve asked the Met for the provenance of the statue, as none is listed on their website.

The Met also has several pieces from Latchford. The New York Times has previously noted that Cambodia will ask the museum to return its two prominently displayed Standing Attendants, which also came through Latchford from Koh Ker. As Paul Barford has noted, the knees of those statues bear clear signs of having been hacked from a base by looters. (The Met’s high resolution photos and zoom tool are quite useful here.) Screen Shot 2012-12-23 at 10.50.29 PM

David Gill has also noted that the statues came to the museum in fragments from different sources acquired over several years and were reassembled at the Met. Martin Lerner, the Met’s former Asian Art curator, noted the happy coincidence in the catalog: “It is particularly gratifying that the monumental bodies join up with heads already in the collection.” This appears similar to a pattern we’ve seen in objects passed through smuggling networks that dealt in Classical antiquities, the so-called “fragments game” identified by Italian investigators and noted by Gill here.

Gill has also helpfully identified several other Latchford donations at the Met:

1983_551_232391-1A 10th century Khmer Head of Buddha acquired in 1983 as a gift from Latchford. (1983.551)

A 12th century Bodhisattva from Nepal acquired in 1989 as a gift from Spink & Son Ltd. and Douglas A. J. Latchford.  (1989.237.1)

A bronze 9th century Bodhisattva Maitreya from Thailand acquired in 1989 as a gift from Spink & Son Ltd. and Douglas A. J. Latchford. (1989.237.2)

A 2nd century Ghandaran plaque from Pakistan acquired as  gift of Spink & Son Ltd. and Douglas A. J. Latchford in 1989. (1989.237.3)

DT5214The gifts suggest several things: Latchford was a generous donor to the Met over several years, and dealt not just in Khmer art but also material from South Asia. It would be worth perusing the Met’s 1994 catalog of Asian Art for other examples of material from South East Asia. For example, given the history of looting at Koh Ker, we were interested in how this gilt bronze statue of a king from Kor Ker (left) ended up in the collection Walter Annenberg before being acquired by the Met in 1988.

We’ll continue looking for Latchford objects in other museums. If you’ve got any tips, drop us at line at ChasingAphrodite@gmail.com

Douglas Latchford’s Footprints: Suspect Khmer Antiquities At the Denver Art Museum

13COLLECTOR-popupWho is Douglas A. J. Latchford?

That is the question many are asking since the Bangkok-based British collector who describes himself as an ”adventurer-scholar” emerged at the center of the legal fight over an allegedly looted 10th Century Khmer warrior now at Sotheby’s.

Federal prosecutors have said in recent court filings that Latchford knowingly purchased the Sotheby’s statue and its companion at the Norton Simon Museum in Pasadena from “an organized looting network” that stole the objects from the ruins of the Koh Ker temple complex deep in Cambodia’s northern jungles. Latchford allegedly conspired with the London auction house Spink to obtain false export permits for the statues, which were transported it to London in the early 1970s, the filings claim.

[Our previous coverage of the Sotheby's case can be found here.]

DP212330-1As the New York Times reported in June, Latchford is also listed as the donor of record for two prominent Khmer pieces at the Metropolitan Museum of Art that Cambodia wants back. All four of the statues are believed to have been looted from the ancient temple complex of Prasat Chen and smuggled out of Cambodia sometime in the late 1960s or early 1970s.

Latchford denies the allegations. In an interview this month, he told the New York Times that prosecutors were “weaving together suppositions.” “This is somebody’s imagination working overtime,” he said in an interview at his Bangkok home with reporter Tom Mashberg. He claims that the London auction house Spink at times used his name for purchases of objects he never owned. Spink claims it has no longer has records from those years.

At the same time, Latchford suggested he had a transcendental claim to Khmer art: Buddhist priests once told him he was Khmer in a previous life, ”and that what I collect had once belonged to me,” he told the Times. Asked about his early collecting,

Mr. Latchford spins tales of bumping his Jeep along makeshift roads in the jungles of Thailand and Cambodia, exploring vine-entangled temples and the shattered outposts from a 1,000-year-old fallen empire.

He and other well-known collectors, he said, would buy and trade what became available without fretting over the provenance details that govern modern antiquities transactions. They were rescuers, not plunderers, he said, pointing out that he and others have restored, protected, cataloged and donated artifacts that might have been broken into pieces or lost or neglected.

The feet of two ancient sandstone statues were left behind by looters at a temple in Koh Ker, Cambodia. One statue is now at Sotheby's, the other at the Norton Simon Museum in Pasadena.

The feet of two ancient sandstone statues were left behind by looters at a temple in Koh Ker, Cambodia. One statue is now at Sotheby’s, the other at the Norton Simon Museum in Pasadena.

The final statement is ironic, as federal prosecutors suggest the statue at Sotheby’s was purposefully broken by looters to make it easier to smuggle, a claim supported by Sotheby’s own analysis of the statue’s surface. Indeed, both statues’ feet remain in place at Koh Ker.

Latchford gave another revealing answer in a 2010 interview with the Bangkok Post when asked where a piece in his considerable private collection had come from:

“The ground,” he answered. ”Most of the pieces I have come across in the past years have been excavated, or dug up. You know, there is a farmer in the field who digs something up, and he probably thinks if I take it to Bangkok or Singapore or a middle man I can get $100 instead of getting $10.”

Dougla

Latchford has close ties to Emma Bunker, the Khmer art expert hired by Sotheby’s to help with the sale of the contested Khmer statue. In emails to Sotheby’s, Bunker stated that the statue was “definitely stolen,” and said her “culture spies” could help Sotheby’s navigate Cambodia’s cultural heritage bureaucracy. Latchford and Bunker have co-authored several books on Khmer art, including Adoration and Glory, which boasts that “the authors were able to gain access to private as well as public collections worldwide to give unparalleled access to more than 150 objects,” many of which are published there for the first time.

bookComplicating matters, Latchford, now 81, has become a prominent donor to Cambodian museums of both antiquities and money. Emails from the Sotheby’s case make clear his generosity has earned him close ties to cultural officials in the Cambodian government, including to Hab Touch, who is today pressing Cambodia’s repatriation claims but in the past has praised Latchford’s scholarship.

Given this history, we’ve started to scratch around to see where else objects tied to Latchford have ended up. Here’s the first of those reports.

DENVER ART MUSEUM

The Denver Museum has six objects in its permanent collection acquired from Latchford, four of them acquired as gifts. Here are details provided by the museum:

1. Painted Vessel from Thailand, 400-200 BCE. Earthenware and paint
Gift of Douglas A.J. Latchford. Accession #2000.67 No additional provenance available.

2. Goddess of Transcendent Wisdom, Prajnaparamita Cambodia, Angkor period, late 1100s–early 1200s sandstone, 59 inches (130 cm) high. Purchased from Latchford “in honor of Emma C. Bunker.” Accession #2000.198

DAM_Website_2000.198

The museum’s website suggests the piece could be from the Bayon Temple at Angkor Thom: “The gentle smile and lowered eyes are features associated with sculptures from the Bayon temple built by Jayavarman VII, the last great ruler of the Angkor royal line.”

The museum said the piece was originally purchased by “Ian Donaldson” in Vietnam around 1964-66; then shipped from Thailand to the UK on February 12, 1994 and imported from the UK on March 10, 1994. It is worth noting that Adoration and Glory contains a very similar statue listed as being in a private collection.

surya3. Sun God (Surya) from Cambodia or Vietnam. 600′s to 700′s, Pre-Angkor period, sandstone. Purchased from Latchford in 2004. Accession #2004.371. Published in “Adoration and Glory.” No other provenance information was provided.

4.  Sleep of Vishnu and the Birth of Brahma, Cambodia, 700′s, Pre-Angkor period. Sandstone. Gift of Douglas A. J. Latchford. Accession #2005.104. The piece was published in “Adoration and Glory” and listed as being held in an “American Collection” on page 84. No other provenance information was provided.

5. Bronze Bell, Cambodia, 1st Century BCE, Iron Age. Gift of Douglas A.J. Latchford. Accession #2005.105. No provenance or publication history provided.

6. Wood Cabinet with Chinese Motifs, 1700′s Thailand. Gift of Douglas A. J. Latchford & Emma C. Bunker. Accession #2006.81. No provenance or publication history provided.

rama_1986_44Among the museum’s Khmer objects not included in the list are other objects from Koh Ker, such as this statue of Rama, whose ownership history is not listed.

In short, in recent years the Denver Art Museum has acquired several Cambodian antiquities with little or no documented ownership history — much less evidence of legal exportation — from a man now at the center of a federal looting probe. For several of those objects, the only documented history was a book written by Latchford himself. The museum’s position is further complicated by the fact that Emma Bunker is listed as research consultant for the museum, suggesting a possible conflict of interest. All of these are serious red flags.

In a statement, a spokeswoman for the museum said, ”The Denver Art Museum curatorial team conducts provenance research on an ongoing basis and posts results online as they become available both on the museum’s website and on the AAMD object registry. The Museum adheres to AAMD guidelines for the acquisition of archeological materials and ancient art set forth in 2008. In coming into full compliance with AAMD guidelines for antiquities and archeological material, the Denver Art Museum now requires all available provenance information to be provided for new acquisitions.”

The statement suggests a deep misunderstanding of modern acquisition ethics. The moral obligation on museums to obtain clear provenance — concrete evidence that an antiquity had not been recently looted — did not begin in 2008, after the wave of museum scandals we wrote about in Chasing Aphrodite, but in 1970 with the passage of the UNESCO convention. Further, the museum’s postings on the AAMD Object Registry suggest that South East Asian antiquities are not the only problematic collecting area for the Denver museum: it has acquired nine pre-Colombian objects since 2008 that do not have provenance pre-dating 1970.

We’ll follow-up on these matters with Denver, which has still not provided a list of Latchford objects that were lent to the museum.

Meanwhile, if you know of other Latchford material in public or private collections, drop us a line confidentially at chasingaphrodite@gmail.com

Inside Sotheby’s: Auction House Response Reveals Key Players in Fight Over Khmer Statue

SothebySotheby’s has responded to the U.S. government’s amended complaint in the legal battle for the Khmer warrior from Koh Ker, arguing that the US Attorney’s failure to cite a Cambodian national ownership law is a”fatal flaw” in their effort to seize the allegedly stolen statue.

[See our previous coverage of the case here.]

“The [government's amended complaint filed recently] claims a Cambodian king a thousand years ago built the Prasat Chen temp where the Statue’s feet were allegedly found, and asserts the Statue…therefore automatically belongs to the modern Cambodian state. No court has ever forfeited property on such a theory, which squarely conflicts with the settled and undisputed law articulated in McClain and Schultz,” which both required a “clear and unambiguous” national ownership law, Sotheby’s stated.

Sotheby’s arguments focus squarely on the legal foundation of Cambodia’s claim and largely sidestep the government’s amended complaint, which alleged the auction house was deceitful about the statue’s origins in omitting the role of Bangkok-based collector Douglas Latchford. Those claims are an effort to “change the subject,” Sotheby’s said in its response, accusing the government of using selective quotations from internal auction house emails revealed during discovery.

To support that position, Sotheby’s helpfully attached those internal emails to its response as exhibits, giving us an unusual glimpse into the vetting process used by leading auction houses with a piece of ancient art they knew would raise legal and public relations concerns.

The Sotheby’s emails reveal for the first time the identities of several key players in the drama:

1354101788635Anu Ghosh-Mazumdar, Assistant VP, Indian and SE Asian Art at Sotheby’s. Most directly responsible for coordinating the statue’s vetting and sale.

f10sindconladyZara Porter-Hill, Head of the Indian and SE Asian Department at Sotheby’s London. She corresponded directly with collector Douglas Latchford about the statue’s origins. Latchford initially told her he had the statue in London in 1970, but later claimed that Spink must have purchased the statue in Bangkok. (See Exhibit 3)

16_March_Henry_press_previewHenry Howard-Sneyd, Vice Chairman of Asian Art at Sotheby’s, was asked to be the point of contact between Sotheby’s and the government of Cambodia before the statue’s proposed sale. He demurred, saying, “we simply wanted to be informing him out of politeness and did not want to raise this to important or ‘pay attention’ levels.” (See Exhibit 9). Ultimately it appears that contact with the Cambodians was handled by Jane Levine, head of Worldwide Compliance for Sotheby’s and a former prosecutor of antiquities cases in the same US Attorney’s office now suing for the statue’s return. (see Exhibit 12.)

Guanyin_testing

John Twilley: A conservation expert hired by Sotheby’s to examine the statue after questions were raised about its authenticity. Twilley noted that the difference in condition between the head and body suggested the statue may have been purposefully broken  ”for ease of transport” from the site where it was found  (See Exhibit 7) Ironically, Twilley was also an expert at the Getty workshop on the looted statue of Aphrodite, which was broken by smugglers for ease of transport.

Pieter Meyers: A former senior scientist at LACMA, Meyers conducted an analysis of the statue’s stone, confirming the link between the statue’s head and its torso. (See Ex. 8)

hab2Hab Touch: The Cambodian government official who Sotheby’s debated notifying before the statue’s sale. (see Exhibit 10) Dismissed as a “bureaucrat,” Touch ultimately objected to the statue’s sale and asked for its return to Cambodia.

Below we’ve embedded Sotheby’s response followed by the exhibits we’ve referred to above.

Dallas Museum of Art Returns Orpheus Mosaic, Five Other Looted Treasures in Announcing New Art Loans Initiative

Orpheus Mosaic

The Dallas Museum of Art has agreed to return six looted antiquities from its collection and announced a broad new initiative to exchange expertise and artwork with cultural institutions around the world.

“The problems of illegal excavation and the illicit import of cultural property require the consideration of new models of cooperation among institutions,” the museum said in a release announcing the initiative, dubbed the Dallas Museum of Art Exchange Program, or DMX.

The effort was announced Monday while signing an agreement with Turkey, the museum’s first partner, for the return of the Orpheus Mosaic, a Roman mosaic floor looted near Edessa (today’s Sanliurfa) and acquired at a Christies auction by the DMA in 1999.

Microsoft Word - Orpheus mosaic in situ.docxIn explaining the return, the museum cited compelling new evidence presented by Turkish investigators about the mosaic’s illicit origins: “Two newly recovered in situ photos of the mosaic showing it being removed by the smugglers. The photographs also show the full work with its decorative borders intact, prior to it being removed from the ground. The photographs were printed by a local photo shop in Sanliurfa and are currently evidence in a criminal investigation being carried out by the Sanliurfa Head Prosecutor in order to identify everyone involved in the crime.” The image shows the mosaic with a border that was likely removed by looters, the museum notes, adding, “ The canister visible in the lower right contains a Turkish brand of glue, which looters–not archaeologists–would have used to make repairs.”

Notably, the Dallas museum initiated the return of the mosaic instead of waiting for it to be identified by Turkish authorities, who have been on a campaign to repatriate looted antiquities. Soon after Maxwell Anderson started as director in January, he asked the museum’s antiquities curators to identify objects with troubling ownership histories. The mosaic was found to be nearly identical to several published on a website of Turkey of looted objects. Anderson told the Dallas Morning News:

the last thing he wanted was “to be the recipient of a claim by Turkey and be unprepared, seeing all of that evidence. So, I wrote to the embassy, saying if you have any information about this mosaic, please let us know. I didn’t have any specific information, but it seemed circumstantially that it was very likely that it was removed from that site.” Turkish officials came forward with the photograph of the mosaic, “which is all you need to know,” Anderson said.

In addition to the Orpheus mosaic, the Dallas museum agreed to return five antiquities to Italy in response to law enforcement requests. All five  Two of those objects were first questioned by us in a Jan. 11 email to the museum inquiring about links between the DMA and the illicit trade, including antiquities dealer Edoardo Almagia. After our inquiry, the DMA contacted Italy and has now agreed to return them.

UPDATE: In February, we requested provenance information for 15 of the DMA’s recent acquisitions, including the five pieces returned this week, that we selected at random. They helpfully provided the list we posted here. We asked yesterday on Twitter whether other objects on that list might also be returned — several come from dealers who have also been implicated in the illicit trade. A museum spokeswoman now tells us: “Italian and Greek authorities have reviewed  our collections records, including the works you refer to in your recent post, and have advanced no other claims.” Of course, some of the material on the list, such as the Cycladic figurine, likely came from other countries.

The objects going back to Italy — and the DMA’s explanation for their return — offer a helpful who’s who of the illicit antiquities trade.

dma_507360

Two Etruscan shields with the head of Acheloos (Etruscan 6th Century BC)

Volute Krater (Pulian, 4th Century BC). 

As we noted in February, both were purchased from  antiquities dealer Edoardo Almagià in 1998.  The museum describes Almagià as “a former New York antiquities dealer…currently named in a criminal case for conspiracy to commit the illegal export and smuggling of cultural property pending before the Public Prosecutor of Rome. Almagià has been under investigation since at least 2006, when U.S. Customs officials raided his New York apartment, confiscating photographs, documents, and archaeological material. He was also the subject of a New York Times story in 2010 that revealed he and Michael Padgett, former antiquities curator at the Princeton University Art Museum, were the focus of an investigation of the illegal export and laundering of Italian archaeological objects. The Italian government named Almagià in the criminal case for having ‘sold, donated, or lent’ nearly two dozen works looted from Italian sites to the Princeton Museum. Roughly twenty other objects are listed in the case as having been obtained illegally by Almagià and sold to other American institutions in the 1980s and 1990s, including this pair of shields.” UPDATE: The DMA incorrectly referred to Padgett as the former antiquities curator at Princeton. The Princeton Museum confirms he remains on staff there, and the DMA has corrected is post.

dma_507363As evidence that the statue and krater were looted, the museum cited “photographs provided that were seized by U.S. Immigration and Customs Enforcement officials” and ”archival evidence seized by U.S. Immigration and Customs Enforcement officials, including records of sales and correspondence currently serving as evidence in the criminal investigation and court case.”

Dallas now joins the Met and Princeton in returning objects linked to the dealer. (We’ve written about those returns here and here.) Will the other museums we’ve identified with Almagia material — including the Getty, the Boston MFA, San Antonio Museum of Art, Indiana University — now be motivated to do the same?

dma_507366A Red Figure krater (Apulia, 4th Century BC) acquired by DMA at Sotheby’s in 1996.

A Calxy Krater (Campagnia, 4th Century BC) acquired from the vases form Ward and Co. around 2005, said to be from a “Swiss private collection.” 

Both vases have been linked to Gianfranco Becchina, who the museum describes as “a Sicilian antiquities dealer who has been convicted in Italy of dealing in stolen antiquities. Becchina started dealing in antiquities from his premises in Basel, Switzerland, in the 1970s and is said to have sold to several major museums, sometimes through Sotheby’s and Christie’s auction houses in London. In May 2002, the Carabinieri, in collaboration with the Swiss police, raided his storage facilities in Basel, recovering thousands of objects in various stages of restorations, photographs of artifacts, and other documents.”

dma_507370“The J. Paul Getty Museum and the Toledo Museum of Art have both returned material to Italy that was acquired from Becchina and subsequently shown to have been illegally exported.”

“In April 2012 U.S. Immigration and Customs Enforcement seized two works from Christie’s New York auction house that were associated with the investigation of Becchina. According to the Carabinieri, Gianfranco Becchina has been identified as one of the most prolific known traffickers of Italian cultural heritage, and all property that has been shown to have been illicitly trafficked by Becchina is subject to confiscation.”

You can find a list of our previous posts mentioning Becchina here.

dma_507364Etruscan head of an Antefix. Said to be from Henri Jacques of Geneva. Purchased from Robin Symes in about 1999.

A photograph linked this antefix to Giacomo Medici, who the museum describes as “a former antiquities dealer based in Rome, Italy, and Geneva, Switzerland, who was found guilty of receiving stolen goods, illegal export of goods, and conspiracy to traffic by the Italian government and sentenced to ten years in prison and a €10 million fine. In 1995 the Carabinieri, in concert with Swiss police, raided Medici’s storage space in Geneva, which contained thousands of objects, photographs (including many Polaroids), and documents relating to his business practices and connections. The Cleveland Museum of Art, J. Paul Getty Museum, and Metropolitan Museum of Art have all returned objects that were acquired via Giacomo Medici. Along with Gianfranco Becchina, he has been identified by the Carabinieri as one of the most prolific known traffickers of Italian cultural heritage.”

Robin Symes, the dealer form whom the DMA purchased the objects, has also been linked to the illicit trade, the museum notes. “Symes is also accused of playing a pivotal role in the illegal trade of looted antiquities. Several museums, including the Metropolitan Museum of Art and the Minneapolis Institute of Arts, have already returned several objects acquired through Symes. He is known to have commercial relations with dealer Giacomo Medici, who was the ultimate source of the artifacts that would subsequently be sold through dealers or auction houses. Prior to the Medici conviction, Robin Symes had been involved in a civil court case, and in January 2005 he was sentenced to two years in prison for contempt of court for not fully disclosing his assets.”

You can find our other posts mentioning Symes here.

We’ll have more on the significance of the returns and the DMA’s new loans initiative in a future post.

The Guardian and the Goddess: Looted Statues Reveal Workings of Illicit Trade

The Getty’s Aphrodite

The Contested Temple Guardian

What does a 10th century Khmer temple warrior have in common with a Greek cult goddess from the 5th Century B.C.?

Quite a bit, it turns out. Both were objects of veneration whose remarkable craftsmanship represented the apex of their respective cultures’ artistic achievement. Both massive limestone statues were looted and purposely broken  to make them easier to smuggle — telltale scars that decades later would bear witness to a violent and illicit origin. And both reveal a strikingly similar story about the ugly inner workings of the trade in ancient art.

We told the story of the Getty’s goddess in Chasing Aphrodite. The story of the Khmer temple guardian is being told today in legal filings by Sotheby’s and the US Attorney’s office, which is suing for the return of the statue on behalf of Cambodia in a federal court in Manhattan. (We’ve written previously about the case here here and here.) Both parties agree the statue was removed at some point from an ancient temple complex at Koh Ker, where the statue’s feet remain to this day. The key question — unanswered in the government’s earlier filings — is when.

The Norton Simon’s Bhima

This month the U.S. Attorney’s office amended its original complaint with damaging new details that apparently came to light through pre-trial discovery of Sotheby’s internal correspondence. The filing, which we’ve embedded below, is worth reading in full. Among other things, it reveals how little the art world has changed since the 1980s, when the Getty bought its cult goddess amid clear signs the statute had been recently looted and then sought to cover up those illicit origins.

Here are some highlights:

Date of looting: The federal government is now stating that the Sotheby’s statue, representing Duryodhana, and its companion at the Norton Simon Museum, representing Bhima, were looted from a temple complex in Koh Ker “in or around 1972.” This addresses Sotheby’s earlier contention that the statue might have been removed sometime prior to the 1920s.

Intentional Damage by Looters: Like the Getty’s Aphrodite, the Koh Ker statues were intentionally dismembered to make them easier to smuggle:

“In the case of monumental statues like the [Sotheby's warrior] the heads would sometimes be forcibly removed and transported first, with the torso following later, due to the difficulty of physically transporting the large torsos.”

In September 2010, this detail was noted by an expert hired by Sotheby’s to prepare a condition report on the statue.

“[The Scientist's] theory is that the sculpture was either forcibly broken for ease of transport from the find site and then put back together later, or that the head and the torso did not belong together.”

The feet of the two ancient sandstone statues were left behind by looters at a temple in Koh Ker, Cambodia.

The Scientist proposed a testing plan to determine which was the case. Instead of accepting that plan, Sotheby’s fired the expert, the complaint alleges. Readers of Chasing Aphrodite will recall that similar questions were raised about the head of the Aphrodite and the fresh breaks on the statue’s body (p. 93 – 94.) Luis Monreal, the head of the Getty Conservation Institute, proposed tests on soil and pollen found in the folds of the statue Aphrodite to determine its origin. The Getty Museum instead opted for ignorance.

Market Path: The amended complaint specifies that after they were stolen from Koh Ker by “an organized looting network,” the statues at Sotheby’s and the Norton Simon were smuggled to Bangkok and delivered to a Thai dealer, who sold them to a “well known collector.” The New York Times has identified that dealer as Douglas A. J. Latchford. (Latchford co-authored a book on Khmer art with Emma Bunker, the expert cited in previous filings as saying in emails to Sotheby’s that the statue had been ‘definitely stolen.’) Latchford allegedly conspired with the London auction house Spink to obtain false export permits for the statues and they were transported it to London in 1971 or 1972, the amended complaint states. The Duryodhana was sold to a Belgian businessman in 1975, and his widow consigned it for sale by Sotheby’s in 2010.

Sotheby’s Deceit: The complaint alleges Sotheby’s knowingly misled potential buyers, Cambodian officials and U.S. investigators about the statue’s ownership history, claiming it had been seen in the UK in the late 1960s — well before the 1970 UNESCO convention. In fact, the government alleges, Sotheby’s knew the statue had been with Latchford in SE Asia until the early 1970s. To support their claim, the complaint cites emails between Sotheby’s and Latchford, who is described as “the original seller of the sculpture back in 1975.” One of those internal emails reveals Sotheby’s concerns about how the statue’s provenance will affect its sale:

“The most important question is the provenance. Can [the Collector] tell us if he acquired this sculpture before 1970? That’s the standard [an art advisor to a prospective buyer] is applying. It’s what his client wants.”

“Sotheby’s inaccurate representations dating the [statue's] appearance in the United Kingdom to the late 1960′s, rather than after 1972, therefore eliminated a significant obstacle to the selling the [statue,]” the complaint states.

Indeed, Latchford’s name was omitted from the object’s stated ownership history.

In a statement to the New York Times, Sotheby’s denied the government’s claims, saying the U.S. attorney’s office was trying “to tar Sotheby’s with a hodgepodge of other allegations designed to create the misimpression that Sotheby’s acted deceptively in selling the statue…That is simply not true.”